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Lahore: There was a strong consensus among the participants of a consultation organised by the Human Rights Commission of Pakistan (HRCP) that local government system should not be wound up or made a mere administrative appendage of the provincial government set-up and the present system should be continued with necessary amendments to increase transparency, accountability and service delivery.

According to a press statement issued by HRCP on Wednesday, the participants of the consultation said some changes in the present order might be considered but the local government system must be retained because it gives representation and a share in public affairs to the common citizen at the grassroots.

They said any reform that reduced the financial and administrative authority of the local government institutions would effect service delivery at the grassroots and go against the very rationale of decentralization of power. “Deficiencies in any one area must not be cited as a justification for wrapping up a system crucial for the devolution of democratic governance to the lowest tier,” the consultation concluded.

The centrality of commitment to the principle of devolution of power and decentralization to any reform was highlighted and concern raised that the changes were being considered without any effort to solicit or consider public opinion. It was argued that any attempt at reform must be based on sound reasoning and widest possible consultation.

Retaining representation for women, minorities, and working classes was emphasised. There were also demands for increasing their representation.

The participants opposed any delay in holding local government elections. They argued that the provincial governments that advocated increased autonomy for themselves must follow the same principle when it came to devolving powers to the local government.

Those taking part in the consultation included academia, political activists and members of local bodies.

Islamabad: The parliament must be made strong and popular with the people if continuation of the democratic system is to be guaranteed. This was the consensus at a consultation with parliamentarians, leaders of political parties and civil society activists from Punjab and Pakhtunkhwa (NWFP) organized here the other day by the Human Rights Commission of Pakistan (HRCP).

The participants were unanimous in holding the military’s, especially the intelligence agencies’, interference in political matters as the biggest obstacle to parliament’s supremacy and stability of the democratic system.

There was complete unanimity among the participants on restoration of the 1973 constitution except for certain amendments (voting age, women’s seats, etc)

The participants were also unanimous in calling for due accountability of political leaders and stricter checks on floor-crossing. A call for reducing election expenses and for political parties to award election tickets on merit was also supported.

They agreed that parliament will become strong and play its leading role in promoting democracy if it paid due attention to people’s concerns and gave their interest preference to all other matters.

There was some difference of opinion on the suggestion that religious forces had put unwarranted restrictions on the parliament’s supremacy and therefore the ideal of a secular democracy had to be reaffirmed. One political party was seriously opposed to this formulation.

The main recommendations made by the meeting included:

• The federal and provincial legislatures should be the only law-making bodies. No other entity/forum should have the power to make laws. The central parliament should avoid encroaching on provinces’ legislative functions.

• The constitution should be amended to bar any fresh taxation without the parliament’s approval. Parliament should also oversee subordinate legislation, such as rules made under enactments. Non-legislative acts, such as SROs and notifications enjoying the power of law, should always be put on legislatures’ tables.

• A parliamentary commission should examine all ordinances that have been issued over the past many decades so that they can be validated or dropped under parliament’s authority. No law that has not been made by a competent legislature should be allowed to remain on the statute book for more than four months.

• No government policy should be adopted without a thorough debate in parliament.

• Parliament should have a say in the appointment of Chief Election Commissioner, service chiefs, and the judges.

• The Rules of Business should be approved by the legislature concerned.

• All international treaties signed by Pakistan as well as reports to the UN must be debated in parliament.

• The standing committees should be set up within two weeks of the formation of the legislatures and they should meet regularly.

• The parliament will gain in stature if Senate’s power are increased.

• The proceedings of legislatures should be published within two weeks of events and in national languages. Each legislature must offer up-to-date information on its website. It should also issue an annual report on its activities.

• All legislatures should provide space for the articulation of special groups’ (women, minorities) views.

• The procedure regarding private members’ bills/resolutions should be revised so as to increase their contribution to legislative work.

• The question hour should be used to provide as much information on the state’s and government’s affairs as possible.

The meeting also called upon the political parties to train their workers in parliamentary proceedings, hold discussion on legislative proposals at the various levels of organisation, exercise their powers of overseeing the work of their government/parliamentary parties and sensitise their following to the demands of participatory democracy.

Lahore: The Human Rights Commission of Pakistan (HRCP) has welcomed the restoration of judiciary as a first step towards strengthening democracy and rule of law and said the people of Pakistan have sent a clear message that they will not settle for a sham democratic process.

A statement issued by the Commission on Monday said: “The HRCP welcomes the restoration of superior court judges and congratulates lawyers, the civil society, political parties – including the Pakistan People’s Party – and above all the people of Pakistan, who again demonstrated their ability for a worthy cause whenever they found one. We wish Monday morning’s decision had been taken earlier. Still the announcement revealed the difference of approach between a military regime and a civilian democracy. This is a clear message from the people to leaders of all political parties that they will not settle for a sham democracy.

However, this is merely the first step. Real challenges now begin and the people expect that they will get not only an independent judiciary but also justice. This will not come about automatically but will require some doing. The people also expect that the restoration of judges will ensure the rule of law and independence of judiciary and also that the parliament will make earnest efforts to save the judiciary from the harmful effects of politicization.

The HRCP has all along been concerned about the lack of independence of the Election Commission and of a satisfactory mechanism for the appointment, tenure and terms of service of members of the superior judiciary. An independent Election Commission is crucial for the democratic system to go forward in a smooth and non-contentious manner. Similarly, mechanisms for appointments and accountability of judges must enjoy the confidence of the legal fraternity and the people. The people expect speedy progress on federation-making, guarantees of provincial autonomy and priority to economic concerns of the people, specially their need for relief from unemployment and poverty. In addition, just as people from all schools of thought had come together for the cause of the judiciary and democracy, the people expect all political parties to get together to promote democratic governance and improve the level of social justice in the country.”

(New York, March 11, 2009) – The government of Pakistan should end its crackdown against activists of opposition groups led by the Pakistan Muslim League (Nawaz), Human Rights Watch said today.

Since March 10, 2009, authorities have detained at least 300 activists from the opposition party and affiliated groups from across Punjab province, the party’s stronghold. Scores of opposition politicians are in hiding, fearing arrest. The activists have been detained under various provisions of the Maintenance of Public Order Act or simply detained without charge.

“It’s a disgrace for elected officials to mimic the discredited military government by using old and repressive laws to stifle political expression,” said Ali Dayan Hasan, senior South Asia researcher at Human Rights Watch. “The protesters who were arrested should be freed right away and allowed to demonstrate peacefully without fear of violence or arrest.”

Supporters of the party, headed by the former Prime Minister, Nawaz Sharif, are being arrested to prevent them from converging on the capital, Islamabad, for a “sit-in” in support of the restoration to office of Iftikhar Mohammad Chaudhry, the Supreme Court chief justice who was illegally fired in November 2007 by Pervez Musharraf, then the country’s military ruler.

The Punjab and Sindh provincial governments have imposed a discredited colonial-era legal provision, section 144 of the Criminal Procedure Code, which bans gatherings of four or more people, to prevent the protest march to Islamabad. The Punjab police, acting on orders from the provincial government, have set up police checkpoints and roadblocks across the province.

Pakistan has been gripped by a political crisis since February 25, 2009, when the country’s Supreme Court upheld a ruling that banned Nawaz Sharif from contesting elections because of a previous criminal conviction. The court also disqualified Sharif’s brother, Shahbaz Sharif, from continuing as the chief minister of Punjab province.

Nawaz Sharif declared “rebellion” against the government and vowed to force a resolution of political disputes “on the streets” at a rally in the city of Lahore on March 5. Along with lawyers seeking the reinstatement of Chaudhry, Sharif announced a protest march to Islamabad, scheduled to arrive in the city on March 16 and culminating in an indefinite sit-in until Chaudhry is restored to office.

Human Rights Watch said that by placing curbs on the rights to peaceful assembly and association, Pakistan’s government was making use of the same authoritarian tools it had decried when in opposition.

“Pakistan’s transition to democracy is imperiled by the government reacting to a political dispute with unnecessary force,” said Hasan. “Regardless of political differences, rights-respecting leaders don’t lock up people for trying to participate in their country’s political process.”

Lahore: The Human Rights Commission of Pakistan on Wednesday regretted the judgment of the Supreme Court of Pakistan disqualifying Mian Nawaz Sharif and Punjab Chief Minister Shahbaz Sharif by a short order.

A statement by HRCP said: “This apparent politicisation of the rule of law has further devalued the respect of the superior judiciary of the country. The people of Pakistan are sharp enough to distinguish between judgments based on justice and those delivered for ulterior political motives. The writing was on the wall. Pakistan is going through a critical period and further destabilisation of Punjab can only add to the country’s woes.

Political parties including the PPP have suffered at the hands of judicial pronouncements that selectively victimise political parties and their leaders. The judicial assassination of late Zulfikar Ali Bhutto and the hounding of late Mohtarma Benazir Bhutto as well as leaders of the ANP and the PML-N are now established historical facts. These errors continue at huge costs to the country.

HRCP hopes that political parties will remain united in giving precedence to the mandate of the people over dubious judicial pronouncements. This motivated judicial interference has vindicated the demand of the lawyers’ movement for an independent judiciary. It is now quite apparent that the democratic process will not move forward unless the nexus between the judiciary and the executive is not severed.

HRCP warns that the country needs political reconciliation rather than polarization that will leave a vacuum for adventurism. National and international players concerned with political progress in Pakistan must take note of this disturbing development. Woefully, Pakistan’s rulers misinterpret the US support for them as license to play havoc with their opponents and democratic norms.”

Lahore, September 23: The Council (governing body) of the Human Rights Commission of Pakistan (HRCP) has issued the following statement after its two-day session in Peshawar:

The HRCP Council welcomes the departure of the military leadership from the Presidency and the filling in of parliament and key public offices by people’s elected representatives. This marks only the first step towards establishing a democratic order in accordance with the wishes of the people. The concentration of power in the hands of any single individual never bodes well for democracy or a just dispensation. Now there is an urgent need for building and strengthening institutions of governance so that a democratic culture takes root in the country. The supremacy of the parliament needs to be strengthened, the judiciary has to be made truly independent and effective and the Election Commission must be transformed into an autonomous, and multi-member institution.

Lack of good governance causes increased impoverishment of the people, and allows lawless elements to wreck havoc with the rights and interests of the people.

HRCP welcomes the Sindh government’s initiative in including landless women among those entitled to receive land grants. It calls upon the government to make good its promise of abolishing the death penalty and reviving student and trade unions in the real sense of the term.

The Council is deeply worried that an increase in the incidents of terrorism and the devastation caused by them and the spread of militancy have blocked the country’s way to progress and the entire population seems to have been taken hostage. The government of Pakistan must realize its duty in guaranteeing the citizens security of life, liberty and property. This will essentially require a comprehensive strategy which must include sharp intelligence, appropriate use of force, timely political intervention and above all due respect for human rights in the conflict areas. While use of adequate force may often be necessary to counter the wave of violence unleashed by the terrorists, yet it must conform to human rights standards in terms of justification and appropriateness. In particular extrajudicial killings, torture and disproportionate use of force must be avoided at all costs and in all situations. Above all, every effort must be made to prevent harm to innocent and unarmed civilians.

Terrorism is surely a threat to the very existence of Pakistan and must be collectively challenged by all political elements and sincerely backed by the security forces if the country is to overcome this ultimate peril. The recent attack on Marriott Hotel in Islamabad is one serious example in which many innocent people lost their lives. In the conflict zones in Swat and FATA this is a regular feature. The disruption of electricity supply in Swat accompanied by scarcity of water and edibles has made the life of the people incredibly unbearable. So far, the government’s plan of action, if there is one, does not inspire confidence. HRCP finds the government’s crude claims of having saved the lives of the country’s leadership in bad taste. Such statements only reflect officials’ lack of sensitivity and maturity.

The government has not taken any notice of incitement to violence against religious minorities through popular media. This not only adds to the growing sense of vulnerability among the minorities, but has also resulted in several wanton killings.

The issue of enforced disappearances cannot be allowed to hang fire and the democratic government must release all missing persons, or disclose their fate and whereabouts.

The government is yet to put in place implementing legislation to ensure that a human rights treaty it ratified and two others that it signed earlier in the year become legally enforceable in Pakistan.

Lahore: The Human Rights Commission of Pakistan (HRCP) has demanded that the country’s next president must be non-contentious for democracy to survive.

A statement by HRCP said: HRCP has consistently called for a transition to democracy and the departure of President Musharraf has been a significant turning point.

The president must be elected by the parliament through a transparent process. HRCP appeals to political parties to make the choice with great wisdom as the country is undergoing serious crises. It reminds the political forces that the democratic process is fragile and still in the very early stages of transition.

The Office of the President must be headed by a person who inspires the confidence of all sections of society. Past experience has proved that any aspirants to the Presidency must also have unqualified credibility. A parliamentary federation demands that the president be a person who is neutral in terms of party politics and disassociate himself or herself from any single political party. There should be no shadow of doubt on his or her past.

This critical time requires that the “symbol of the federation” should be able to build bridges amongst all democratic forces rather than be seen as partisan or a manipulative politician. The struggle against military dictatorship was a collective effort of all democratic forces and, therefore, they have a stake in ensuring that a proper transition to democracy does indeed take place.

The candidature of Mr. Asif Ali Zardari does not fulfill the objective criteria that a president is expected to meet. Apart from the constitutional requirements, democratic conventions must also be observed if true democracy is to be achieved in the near future.

HRCP recognizes that Mr. Zardari has spent many years in prison and been tortured. This alone cannot be a qualification for aspiring for the highest office of the country in the background of the muddy deals and underhand manipulation that has given legitimacy to a National Reconciliation Ordinance granting blanket immunity to political activists.

HRCP fully opposes any form of revenge or victimization but cannot accept indemnities and impunities for past and future holders of public office. The Presidency must in no way be seen as a shelter-home for those accused of serious wrongdoings.

A few good traditions of the past must be retained and a candidate for the Presidency must declare all his assets and tax returns in public.

HRCP reminds the Election Commission of Pakistan of its constitutional duty to organize and conduct all elections “honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against”. It welcomes the prompt announcement of an election schedule but laments that the timeframe given for submitting the nomination papers was fixed in an arbitrary manner. There was no consultation with the political parties represented in the parliament. This raises doubts about the motive of an election schedule fixed much before the 30-day deadline was to expire, denying political parties the opportunity to plan for the eventuality of the breakup of the coalition government by Wednesday the 6th of September.

HRCP repeats that a healthy transition to democracy is in the interest of the political parties. They must not cut the branch on which they sit. A president with doubtful integrity would lead to precisely that.